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HomeMy WebLinkAbout2008-085 (Companion Resolution CDC/2008-12) RESOLUTION NO. 2008-85 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ("COUNCIL") (1) APPROVING AND AUTHORIZING THE CITY 3 MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND REPUBLIC ITS ("CONTRACTOR") IN THE AMOUNT 4 OF $89,346 AND (2) MAKING CERTAIN FINDINGS AND DETERMINATIONS AND CONSENTING TO THE PAYMENT FOR PUBLIC IMPROVEMENTS BY THE 5 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") IN 6 THE TOTAL AMOUNT OF NOT TO EXCEED $107,216 FROM THE AGENCY'S 2007- 2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX INCREMENT 7 FUNDS. 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the City of San Bernardino (the "City"), is a municipal corporation and charter city, duly organized and existing pursuant to the provisions of the Constitution of the State of California; and WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a public body, corporate and politic, existing under the laws of the State of California, Health and Safety Code 33000, et seq., and is charged with the mission of redeveloping blighted and underutilized land within the redevelopment project areas; and WHEREAS, the City desires to design, construct and install banner poles and related work on University Parkway, north of Varsity Avenue ("Project Improvements") within the State College Redevelopment Project Area ("Project Area"); and WHEREAS, the City, on November 6,2007, issued a request for designlbuild proposals for said Project Improvements; and 20 21 22 23 24 25 26 27 WHEREAS, the Agency desires to assist the City in accomplishing said Project Improvements by providing tax increment funds from the Project Area in the amount of $107,216; and WHEREAS, pursuant to Health and Safety Code Section 33445, the Community Development Commission of the City of San Bernardino (the "Commission"), the governing body of the Agency, must make certain findings and the Agency must obtain the consent of the Mayor and Common Council of the City of San Bernardino (the "Council") and the Council must make certain findings prior to the Agency paying for the costs of installation and construction of said Project Improvements which are publicly owned. 1 28 S:'-Public Works\RFCA's\2008 AII\03-17-08\Banner Poles\MCC Reso.doc RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO ("COUNCIL") (1) APPROVING AND AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND REPUBLIC ITS ("CONTRACTOR") IN THE AMOUNT 3 OF $89,346 AND (2) MAKING CERTAIN FINDINGS AND DETERMINATIONS AND CONSENTING TO THE PAYMENT FOR PUBLIC IMPROVEMENTS BY THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") IN 5 THE TOTAL AMOUNT OF NOT TO EXCEED $107,216 FROM THE AGENCY'S 2007- 2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX INCREMENT 6 FUNDS. 7 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED 8 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 9 FOLLOWS: 10 Section 1. Republic ITS, 1266 North La Lorna Circle, Anaheim, California 92806, is 11 competent, experienced and has submitted the only proposal for said Project Improvements, for 12 the not-to-exceed amount of $89,346 based on the proposal, dated November 26, 2007, attached 13 as Attachment" 1" and incorporated herein. 14 Section 2. Pursuant to Health and Safety Code Section 33445, the Council hereby 15 makes the following determinations concerning the installation and construction of the Project 16 Improvements which are publicly owned and determines: (1) that the improvements are of 17 benefit to the Project Area; (2) that no other reasonable means of financing the Project 18 Improvements are available to the community; (3) that the payment of the cost of the Project 19 Improvements will assist in the elimination of one or more blighting conditions inside the Project 20 Area; and (4) that the payment of said Project Improvements are consistent with the Project Area 21 Redevelopment/Implementation Plan, and the Council hereby consents to the payments to be 22 made by the Agency for the Project Improvements as set forth in the Recitals of this Resolution. 23 Section 3. The City Manager, on behalf of the City, is hereby authorized and directed 24 to execute the Agreement with Republic ITS, attached as Exhibit "A", and incorporated herein. 25 Section 4. The authorization to execute the above-referenced Agreement is rescinded 26 if it is not executed within sixty (60) days of the passage of this Resolution. 27 / / / 28 / / / 2 S:\_Public Works\RFCA's\2008 AII\03-17-08\Banner Poles\MCC Reso.doc RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO ("COUNCIL") (1) APPROVING AND AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND REPUBLIC ITS ("CONTRACTOR") IN THE AMOUNT 3 OF $89,346 AND (2) MAKING CERTAIN FINDINGS AND DETERMINATIONS AND CONSENTING TO THE PAYMENT FOR PUBLIC IMPROVEMENTS BY THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") IN THE TOTAL AMOUNT OF NOT TO EXCEED $107,216 FROM THE AGENCY'S 5 2007/2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX INCREMENT 6 FUNDS. 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a i oint regular meeting , 2008, by the following vote to wit: Abstain Absent ~h.~ Rac el G. Clark, CIty Clerk 19 20 The foregoing Resolution is hereby approved this. ~~r day of_--11RrC'n , 2008. 21 22 23 24 25 26 27 28 Approved as to Form: 3 S:\...Public Works\RFCA's\2008 AII\03-17-08\Baoner Poles\MCC Reso.doc 2008-85 EXHIBIT "A" AGREEMENT FOR DESIGN/BUILD SERVICES FOR THE DESIGN AND INSTALLATION OF BANNER POLES ON UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE THIS AGREEMENT is made and entered into this 17th day,of March 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and REPUBLIC ITS ("Contractor"). WITNESSETH: A. WHEREAS, City proposes to have Contractor provide Design/Build Engineering Services for the design and installation of Banner Poles on University Parkway north of Varsity A venue as described herein below; and B. WHEREAS, Contractor represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Contractor desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONTRACTOR 1.1. Scope of Services. Contractor shall provide Civil and Construction Engineering Services for the design and installation of Banner Poles on University Parkway north of V arsity Avenue to City in accordance with the scope of services, and timeline, attached and incorporated herein as Attachment "1". Contractor shall accomplish the design of the Banner Poles on University Parkway north of Varsity Avenue in accordance with standards of the City and the requirements of the Request for Design/Build Proposal, attached and incorporated herein as Attachment "2". 1.2. Professional Practices. All professional and contractual services to be provided by Contractor pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Contractor's performance of this Agreement. \ \Sierra\DS\_Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A - Agreement Design & Build Banner Poles on University at Varsity. doc. doc 1 2008-85 1.3. Warranty. Contractor warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify, defend, and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and. judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Contractor shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Contractor acknowledges that City may enter into agreements with other Contractors for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Contractor shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Lovalty/Conflict of Interest: The Contractor understands and agrees that as the City's Design/Build Contractor, Contractor shall maintain a fiduciary duty and a duty of loyalty to the City in performing Contractor's obligations under this Agreement. Contractor, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq.; and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be compensated for such services for the fixed amount of $89,346.00 as indicated in Attachment "2", attached and incorporated herein. 2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the S:\_Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A - Agreement Design & Build Banner Poles on University at Varsity.doc.doc 2 2008-85 City, prior to Contractor performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Contractor may submit invoices to the City Engineer for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to the City Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be completed within five (5) months unless otherwise approved by the City Engineer. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue until satisfactory completion of all work contemplated herein. The date of satisfactory completion shall be the date of recording by the City Engineer of the "Notice of Completion" for the project. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by S:\_Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A - Agreement Design & Build Banner Poles on University at Varsity.doc.doc 3 2008-85 the City. 4.3. Compensation. In the event of termination, City shall pay Contractor for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Contractor. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Contractor in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (l0) days of delivery of termination notice to Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City's sole risk and without liability or legal expense to Contractor. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c ) Workers' compensation Insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Contractor shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. S:\_Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A - Agreement Design & Build Banner Poles on University at Varsity. doc. doc 4 2008-85 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City. " (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Contractor shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Proiect Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. S:\_Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A - Agreement Design & Build Banner Poles on University at Varsity.doc.doc 5 2008-85 Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONTRACTOR: Republic ITS 1266 N. La Loma Circle Anaheim, CA 92806 IF TO CITY: Valerie C. Ross Director of Development Services 300 North liD" Street San Bernardino, CA 92418 Fax: 909-384-5080 Tel: 909-384-5357 Fax: 714-630-2828 Tel: 714-630-2100 6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7. Assignment. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement. S:\_Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A - Agreement Design & Build Banner Poles on University at Varsity. doc. doc 6 2008-85 6.8 Indemnification and Hold Harmless. Contractor shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney's fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Contractor, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Contractor and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Contractor. City shall indemnify and hold harmless Contractor from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Contractor. Contractor shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.11 Public Records Act Disclosure. Contractor has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Contractor informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12. Responsibility for Errors. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification S:\_Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A - Agreement Design & Build Banner Poles on University at Varsity. doc. doc 7 2008-85 and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. Contractor will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. S:\_Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A - Agreement Design & Build Banner Poles on University at Varsity. doc. doc 8 2008-85 6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. III III S:\_Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A - Agreement Design & Build Banner Poles on University at Varsity. doc. doc 9 2008-85 AGREEMENT FOR DESIGN/BUILD SERVICES FOR THE DESIGN AND INST ALLA TION OF BANNER POLES ON UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, A Municipal Corporation, REPUBLIC ITS Contractor ~t.~~ SIgnature ::rM\,t~ .A- rA).A&.ij~ Name and Title Vp t"~~ 4 Approved as to form: James F. Penman, City Attorney S:\_Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A - Agreement Design & Build Banner Poles on University at Varsity.doc.doc 10 2008-85 A lTACHM~J" I" J" Proposal to: Hrpublic I'I'S City of San Bernardino ~. <t I~ . ( '* ~ "'IIp~ "," ". .' :" - ~ .J. ~~~fj'~ " "~... ....:\ .. '.. ow," , '-. .' .~, :--.&:,~t ~1.' ~'Z.,f- ","\~l~" .. .~~":;;;..~. "\.. .~.. ., .... ''I" 'J .-) '.;.,....--:. '" , Ita -"$. ~I ;rt~. California: Corporate Headqu,lTters :\71 Bt'! \Iarin Keys Blvd, Suite 200 !\'ovato, CA 94944 (800) LIGHTS-Of\; Phone: (415) 884-3000 Fax: (415) 884-4800 i' .~~\ --.... . , . ~~~:; . t " ., \ \..t- " ': 1~,~?~i :4..,..~.. ~;' _...~- .- .a.:'+S ' '~(;"r.l' ~: <.:", ", '''':''1,-, ~~~\ ':'t ottt.'""" '\ <ij'~ ..' ~~. ~jl ',i:.J! " ,., ";~1~ .~ ~.' ~~.. .. ,..' ~ .~" .,.~" . - ." ~~:'='. . . i .. "'..'C ' 2:!40 Business \;V d}' Rivcrsidt" CA 92501 Phone: 951-784-6600 Fax: 951-784-6700 ) ,'t:..: ~ .} . . t~ r,~t ~ h.....~ , .~ ...; ,~: . " 3765 YaJe W.ly Fremont, CA 94538 Phone: (510) 440-8127 fax: (510) 440-1751 , ' . '. .L' . ..\\~~ t~J' 4~" ,.,Jj j - I~ 1513 Sports Drive Su ite 250 SdCTdl1Wnto, CA 95814 Phone: (916) 515-0855 Fax: (91b) 515-0865 Proposal to 1266 \:. La Lorna Circle Anaheim, CA 92806-1801 Phone: (714) 630-2100 FL1X: (7H) 630-2828 Design and Install Ballner Poles al1d Related Work 011 University Parkway north of Varsi ty A veIl lie tl912 Prospect Avenue 5..m tee, C A. l.}2071 Phone: ,61Q) 5h2-1104 L1X: (hI 'I) 3h2-1125 \fassachusetts: ~ Pwgr{'ss RI1,ld Bilkriccl. \1.\ OP\21-37'2.(1 Phtllh': i:-S n M7'-SSY7 Ln,: (:-S11 SY1-Q-477 l\'OVeJ1lbcr 26, 2007 T t'"as: :::-:::5 11 ~ Str~~t Clrand PrJric. T\ "'sosn Ph)l1c: (8 J :1 (d3-5"~!)O f.1\: i 8 I .., ) 6.~ 3 - ~.~ 50 , \ ! :'" ;, 'i t L ,', ,\ ',. I " If . 2008-85 AT IACHMt~NT ~l" r ..: Hl')ltlhlir ITS Sillllhll'lltll.(fi nu TABLE OF CONTENTS COM PAN Y PRO FILE..... .......... .......... .......... ....... ....................... .......... .......... .......... .......... ..................... ...... ....:......1 5 COP E OF 5 E RVI C E 5............... .................... ............ ........ ...................... ........ ........................ ......... ....... ................4 DE 51 G N ST AF F ....... .... ............... .............. ............... ........... .................... ................... ........................... .............. .......6 TI M E L' N E ..................................... ............. .......................................................... ....... ................. ...............................8 PREY' 0 U SOB LI GAT' ONS ............... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... .......... ....13 SU B-C ONTRA CTO RS AN 0 VEN DO RS ..... ......... ............... ...... .......... ................................... ............... ...... .... .14 PRELlMI NARY DESIGN OF 8ANNER POLE SYSTEM ................................................................................15 LOCAL PRE FER ENC E ELI G 181 LITY ..... .......... .......... .......... .......... .................... .......... .......... .......... .......... ........20 CITY - F U RN ISH EDIT EM S .......... ................... ................ .................... .......... ...... ..... .............................................22 CO M M E NTS 0 R SUG G E STI ONS ............... .................... .......... .......... .......... .......... .................... .......... .......... ..23 AC KN OWLEDG EM ENT OF ADDEN DA..... .............................. .................................................. ....................24 ,.:',' \ . ',i!-: 2008-85 A II'ACH.~~N I''''} n Tl': Hl'publir ITS COMPANY PROFILE Republic ITS is an electrical contracting and transportation engineering firm founded in December 1991. A California licensed contractor, the company specializes in routine and on-call services to public agencies, including engineering studies and installation or maintenance of traffic signals and streetlights. Republic ITS' national staff of more than 200 employees includes an array of professional engineers and qualified technicians with numerous industry manufacturer and systems certifications. In 1991, the founders formed Republic ITS with a vision of providing excellent technical service within a framework of highly professional customer service, and a commitment to delivering new services such as design-build and enhancing time-honored traditions with new technology. After 15 years of successful growth, Republic ITS prides itself in providing a complete turnkey solution to transportation projects. This is highlighted by our extensive experience, exemplary staff, and solid commitment to providing exceptional customer service. Experienced qualified personnel, customer service, response time, and innovation in the traffic signal and streetlight business are priorities of our organization. Because of our performance, the company now provides on-call transportation engineering services to over 50 public agencies and private companies. Republic ITS' core business is traffic signal and streetlight maintenance and professional traffic engineering services. Our firm currently services over 4,500 traffic signalized intersections and 125,000 streetlights under long-term maintenance agreements nationwide. We are dedicated to meeting and exceeding the challenging public safety requirements associated with the streetlight and traffic signal maintenance industry. Republic ITS will use a combination of highly qualified personnel, a fleet of specially outfitted vehicles, the latest tools and equipment, and our unmatched knowledge, understanding, and experience in the streetlight and traffic signal industry to meet the needs of the City of San Bernardino. We currently: .-., ,~ Maintain streetlighting and/or traffic signals in eighty-nine (89) communities across Northern California Maintain streetlighting and/or traffic signals in sixty-nine (69) communities across Southern California Maintain street/ighting in over fifty (50) communities across Massachusetts and Texas Provide engineering servIces for over twenty-five (25) public agencies and private companies Have installed over 300,000 LED traffic signal retrofit kits for more than 100 public agencies across the United States .: { , " "" /( 'I,' /..:, \ ii, I,' , 11"1 2008-85 ATTAC r \ '< Ikpllhlif ITS Silll n'&"fliII'diIlU ~. !/'- .lI 1. ,... ... : ~,. .' ~-,- ~ ~ , . -{ - . "... . f" J' .;' ....~ 'l , . I' 1ft ~"'; i.. · I. t . : ";"'llll'" ~ · .... II t' ..'~ . . l.l.o-'I... ~...., ~III"~: -. ~.,. r . I.....-=-. ,., .f .1 As the leader in the private streetlight and traffic signal and maintenance industry in California, Republic ITS is able to provide unparalleled expertise and outstanding value in street lighting and traffic signal related projects. Our strong partnerships established with a multitude of street lighting and traffic signal vendors, distributors, and wholesalers, gives us a tremendous opportunity to provide low-cost solutions to our customers. Our expertise from traffic signal and streetlight industry lends itself directly to banner pole installation projects. The required skills are the same and are summarized as follows: ./ Completing site designs ./ Coordinating with utility companies ./ Potholing ~. Forming and installing foundations ./ Transporting and installing poles ~. Owning and regularly using necessary equipment Republic ITS understands the challenges designing and installing banner pole projects, avoiding utility conflicts, obtaining permits, being responsible for job site conditions, and completing work on schedule and budget. With an extensive staff of IMSA-certified traffic signal technicians, electricians, laborers and registered Professional Engineers, we believe Republic ITS will provide the best possible servICe to the City of San Bernardino. REPUBLIC ITS OFFICE LOCATIONS Republic ITS's Corporate Headquarters are located in Novato. California with additional offices throughout California, Massachusetts. and Texas. Scaff proposed to work on the banner pole project are located in Riverside and Fremont. All our office locations are shown on the cover. \' r -./ ,,'," 2008-85 ATTAl:HM.~NT "1" [I': H t' P II hi i l' ITS . Sanllf.I'llaI'fiiIlU ENGINEERING & PROFESSIONAL SERVICES Republic ITS' Engineering Services Group offers a full spectrum of engineering services. Our team of licensed Traffic and Civil Engineers and International Municipal Signal Association (IMSA) technicians offer a complete turn-key solution to your transportation engineering needs. Our ultimate goal is to provide municipalities with exceptional, cost effective traffic engineering support to meet all their transportation engineering requirements. Traffic Operations Services Republic ITS' staff of California licensed civil and traffic engineers teamed up with IMSA-certified electricians have a combined extensive knowledge and experience in the design, build, and maintenance of various A TMS systems and its equipment and components. Systems we have maintained and operate include but not limited to the following proprietary systems: Multisonics VMS 220 & 330, Naztec Streetwise Systems, Eagle ACTRA Systems, BI-Tran Systems, and Traconet Systems. Republic ITS recognizes that emerging ATMS technologies is becoming a trend of any municipal infrastructure whereas municipal focus has come to the deployment of more Intelligent Transportation Systems (ITS). As such, Republic ITS has established powerful partnerships with over 166 municipalities statewide where Republic ITS staff has gained extensive knowledge and experience in various A TMS system design, integration, implementation. and maintenance. As a service maintenance provider for various agencies. Republic ITS has acquired the unique ability of keeping abreast with emerging A TMS technologies being implemented statewide. This, in turn, creates the added benefit and resource for Republic ITS clientele, as well as Republic ITS staff internally. to learn from other agencies and the greater ability to provide expedient maintenance and troubleshooting. Analysis Services . Conduct stop control and traffic signal warrant evaluations Evaluate existing illumination levels Develop, maintain and analyze collision databases for long term tracking of transportation system safety performance and potential for mitigations Perform intersection level of service. timing and coordination analysis using Synchro, Sim Traffic, or TRANSYT 7F · s . . . . General Transportation Enrineerinr Services · Pursue various Federal. State. or Regional funding programs such as TEA- 2 I. Safe Routes to School. Hazard Elimination Safety. Transportation Fund for Air Quality, Transportation for Livable Communities. RegIonal Traffic Signal Timing and utility rebate programs · Develop and recommend specific. signing, striping and streetlighting specifications and standards · Evaluate and address various citizen and motorist traffic safety requests and concerns PrOVide inspection and construction management services for traffic SIgnals and streetl'ghting ,/,./ \ /1 ..r 2008-85 ATTACHMENT "I" 1 (1: Htpuhli(' ITS SCOPE OF SERVICES Republic ITS will complete the design and installation services with the following work tasks. Desiin Phase 0/ Hold a kickoff meeting with City staff, request the following input: o Right-of-way mapping Aerial photography Utility company contacts (name, phone, and address) CAD Standards Sample plans with approved format A copy of the City's Standard Drawings '"' J o v '-' o 0/' Prepare technical specifications for materials that match the requirements in the Request for Proposal (RFP), or a mutually agreed ./ Prepare plan drawings in conformance with City CAD standards and the requirements in the RFP 0/' All dimensions will be accurate plus or minus one foot, precise horizontal control is not included, vertical control is not included 0/ Relevant existing conditions will be shown within 100 feet of the installation. Existing facilities that are not affected by the banner pole installation will not be considered relevant. ./ Send draft design sheets to utility companies to have existing underground utilities marked. Utility information that may conflict with the banner pole installation will be shown on the plans. Any utility more than 20 feet from a foundation will not be shown on the plans. -/' Prepare detail sheets to show foundation reinforcing, anchor bolts, cables, clamps, connectors. -/' Call USA to have utilities marked, record markings on the plans 0/ Adjust design to avoid potential conflicts ./ Pothole utilities where conflicts appear unavoidable 0/ Periodically: Update the project schedule and transmit it to City staff Send copies of utility correspondence to City Update the installation cost estimate and inform City staff of any changes from the anginal or latest costs. -! 1,,1, ,','I"',. \ :"",\ .',,'/.', 2008-85 ATTACHM.ENT ")"" r (): I{ l' J> u hi i f ITS Sit II nf.r'lIilltdi II It ./ Submit the design package for City review at the Draft and Pre-Final levels of completion. with plan sheets in I I "x 17" bond paper and Adobe electronic formats and technical specifications in 8 1/2" X II" paper and MS Word electronic formats. ./ Meet with the City for the kickoff meeting and to receive comments on the Draft submittal. ./ Deliver electronic AutoCAD files and mylar plots of the final plans after construction is complete and AsBuilt changes are incorporated. Construction Phose ,/ Update or confirm construction cost estimate ,/ Submit required bonds as listed in the RFP ./ Schedule a pre-construction conference ,/ Prepare and submit weekly work schedule, update if required by changes ,/ Coordinate with inspector ,/ Document field conditions to include digital photographs of existing concrete and landscaping improvements ./' Furnish and install banner poles as required in the RFP, plans, and technical specifications ( "'.. J ,\ 2008-85 ATTACHMENT "I" I,,: Htpuhlil' ITS DESIGN STAFF The key strength of our team lies in the regularity with which we perform traffic signal timing and coordination work. Our staff is focused on providing traffic engineering services to our agency clients, often on an on-call basis. We are able to balance our workload and schedule work with realistic deadlines because of the flexibility of our on-call services and our ability to call on help from available staff when needed. San Bernardino Michael Grubbs, PE Project Manager I Principal-in-Charge James Wagner, PE I r "" / "" Republic ITS Quality Control Steve Fitzsimons, Andrew Poster, PE, PE, TE TE. PTOE \.. Project Manager ~ '- ~ , / Design Team ""' Mike Kato, PE - Associate Engineer Beza Kedida -Assistant Engineer Mark Futhey - Construction Foreman Gary Keller - Foundation Design 1 \.. Field Technicians, Data Collection and Programming ./ I South Coast lighting and Design The following paragraphs highlight the role of each key staff member. Jim Wagner. PE, Principal in Charge - Jim will act as a shareholder of Republic ITS and review all contractual items. He will also serve as a resource in the event the project team does not perform to the satisfaction of the City. Steve Fitzsimons. PE. TE. Project Manager - Steve will serve as the primary point of contact for the CIty. He will attend all project manager meetings. He WIll be in technical charge of all work tasks developed for this contract. Andrew Poster. PEt TE. PTOE. Quality Control - Andy will perform a high level review of all work products. He will ensure products meet the contract requirerrents. . . ~ (l f 1.",./, /..'",', \ 2008-85 ATTACHMi:NT "1" To: I~(' plI hJjr ITS Mike Kato. PE - Associate Engineer - Mike will serve as lead CAD designer. He will complete the coordination work with utility companies and will incorporate details furnished by South Bay Lighting into the design drawings. Beza Kedida. Assistant Engineer - Beza will be responsible for data collection and assisting with design tasks delegated by Mike. Mark Futhey. Construction Foreman - Mike is a senior electrician with Republic ITS and will supervise the banner pole installation. Gary Keller. PE - Will be in charge of preparing the foundation design and selecting the banner poles. Field Technicians - The field technicians will assist with data collection, especially in terms of collecting existing timing plans and As Built drawings and photographs of controller cabinets. They will also help with implementation and fine tuning. . \ -: "J.'.' l.r,>/,},' \ IJ fIr ,.',I''! 2008-85 ATTA~HMI(NT "]" 'r I): H(.'puhlif Il~ Sillllh~I'lIa I'di 110 TIMELINE Republic ITS will complete the scope of services according to the timeline shown in the table below. Work Item Time from NTP Cumulative Time Notice to Proceed (NTP) o weeks o weeks Kickoff Meeting/Field Review/Pole Submittal* I week I week Release Pole Order (16 week lead time) 16 weeks 17 Weeks Base Mapping/Utility Information Requests I week 17 weeks Draft Design/USA Utility markings 2 weeks 17 weeks City Review (Per RFP) 3 weeks 17 weeks Pre-Final Design (Construction Ready) 3 weeks 17 weeks City Review (Per RFP) 3 weeks 17 weeks Update construction cost estimate/submit bonds I week 17 weeks Pre-construction conference I week 17 weeks Document field conditions I week** 17 weeks** Installation 4 weeks 21 weeks Notes: * = We will work with the City to approve a pole type and style as soon as possible after the Notice to Proceed to minimize the impact of the long lead time for the poles. x ,,' t" 1, ; ;./ I:./." 2008-85 ATTACHMENT ")" r l): HqHlhlir ITS Sit II Uf'I'lIill.,fi 110 SIMILAR PROJECT EXPERIENCE Republic ITS and South Coast Lighting and Design have completed several banner pole installation projects in the last few years. Details are included below and on the following pages. Republic ITS has been extremely successful retaining our traffic signal. streetlight and engineering customers due to our never-ending desire to offer the best possible customer service. Republic ITS has an exemplary customer service track-record highlighted by our well qualified field personnel, knowledgeable customer service representatives, and proprietary detailed monthly reports. We understand what is required to build and maintain a community's electrical infrastructure and exceed our customer's expectations. We welcome and encourage you to contact the references list below to learn more about Republic ITS. Republic ITS experience is summarized on the following pages. We have not completed similar work as part of a team with South Coast Lighting and Design before. South Coast Lighting and Design experience is summarized below: City of Paramount - 2 locations Completion Dates: 2005 and 2006 Reference: Chris Cash, Public Works 15300 Downey Ave. Paramount, CA 90723 (562) 220-2020 City of Westminster - I location Completion Date: 2007 Reference: Jake Ngo, Public Works Public Works Administration/Engineering 8200 Westminster Boulevard Westminster, CA 92683 (714) 898-3311 q , ',I.'I,il""!,,/, ,\1 " J ,.'I! 2008-85 ATTACHMENT "1" "l) : Project Title: Install Banner Poles and Foundations Location: Sir Francis Drake Boulevard, San Anselmo. CA Republic l'fS Client Town of San Anselmo I 1:, I, q I ~ f' t : r. 1'1 ,pilI t.t!IO/l S,,' \ Il' ':, Proiect Description: Republic ITS furnished and installed two banner poles for the Town of San Anselmo. The project involved demolishing the existing banner pole foundations, hand digging and constructing new concrete foundations and installing the new banner poles. Work was completed in December 2002. Reference: Rabi Elias Director of Public Works Town of San Anselmo Ph: (415) 258-4616 , ~ , , ^';. ... ~ ~.':'" .~'~"'I, -. . ~.~. ~:.,. ~.' . I .- f.. :-...... I , ~ ",- , \ ,... 0\. . :- - ..'~ , ~ ',. ~_~;:I . ,. ,v.' . j " \ 10 t~ j. - I , " , , ,; ~ r!If/IIiii':- fI'- .. ~r::: :.. --"--.:....-. .--.-.- .P '';''- _ ..~ ~~ .~.,.!itJ . 1 .....' "" :st.. .'iI ,., , .' f.. . ",.. _. .II. ............~.i6 J- _ d u. . ,.'... J I "t, ,.,./ (\ .' '" ,!',I",' I'" j,I'-. 2008-85 ATTAC 1 ~\: Project Title: Install Promotional Banner System Location: Vista Village Drive at Indian Avenue. Vista, CA ftepublic rrs Client City of Vista I )'. I '<;'" l 1'.1'1 _jl(),' ':1(11) S. " \';( I': Project Description: Republic ITS provided the installation of a promotional banner system in the City of Vista. This project involved digging and pouring two type 26-2- I 29 foundations, furnishing and installing two banner poles, and suspending two hi-strength span cables between the two poles. Work was completed in November 2006. Reference: Mikhail Ogawa Project Engineer City of Vista Ph: (760) 726-1340 II ( J' I ,"[ "l!" I' ,\ 'r' ' t ':.. 2008-85 ATTACHMENT ")" ll) : Project Title: Remove and Replace Damaged Banner Poles Location: Two Locations on Fourth Street. San Rafael, CA I{epublic l'fS Client: County of Marin , :1 : t r:, ~J u " t TI dlLpll1 t.ltllln 5(.. \'ICf:~' Proiect Description: Republic ITS replaced four banner poles on Fourth Street in the City of San Rafael. The poles had sustained damage due to extensive wind in April 1999. Republic removed the damaged poles and replaced them with reinforced steel poles. Work was completed in May 1999. Reference: Farhad Mansourian Director of Public Works County of Marin Ph: (415) 499-6530 ~~' ' ,... .. - ... ~.t.. ..... ...."'. , " ~ - , I t' I. . , l~ ( ,/1.' ~ . i, '.I j ", , .., ,\ 2008-85 ATTACHMENT "I" I (): J{t'puhl if ITS PREVIOUS OBLIGATIONS Republic ITS design staff spend the large proportion of our time on on-call tasks for local agency clients. At any given time we are 100% committed to project work for the next week, about 50% committed for the following two weeks, and have no work commitments more than 3 weeks out. As such, our design staff are 100% available to complete the design work for this contract. Our field staff are typically 50% committed to ongoing traffic signal and streetlight maintenance projects and 50% to new construction work. At this time of year, however, our construction backlog is light and we anticipate new bidding opportunities to be advertised over the next few months. At the present time, our new construction project staff is available to install the banner poles for San Bernardino as soon as the design is approved. 13 'r' ' I, j~ ;.' i II i I \ !', -, ,.1 . I.' I,.' " 2008-85 :\ TT ACHMENT "1" 1 (): Hl'puhlir ITS Sillllh11'llal'dino SU B-CONTRACTORS AND YEN OORS Republic ITS has one proposed sub-contractor, South Coast Lighting and Design. They will furnish the banner poles and design the banner pole foundations. l-l )i ';..l',,,:, I' .', ;,', .,' '1 , ,",i r: 2008-85 ATTAC J'(l: Sail Hf"'lIattdiIlO Ht.'puhlir IT~ PRELIMINARY DESIGN OF BANNER POLE SYSTEM Concept sketches of the banner pole system are shown on the following pages. " , , 15 ( iI,/i,.;,.'II,' d..t ',.,', !,I'; N JlIQ ~ ~ :0- N = ;Z;Q~ e ;e! ~~ ~E-c~ ~~~ ~~~ ;::i~ N~~ ~, ~ , u, t5i~ 0 ~ ~ < u -- ' ~ ~ oJ: C'l ''"'I: I> ;/ ~I .m 0 ;e ui .J:. W 5: :> ..' oj :0 01 ~i I la: ,.. '-1 all Uil a.. o Zi .... "" ai! ... W' e( ~ !< ~! 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C f? ~ ~ .l! .- 'i ,5 ~ ~ - c;Ec.;o C U ' ,.. ;;. c 03 I:: .- p .- ':; t~ ... !j - C) - 17 g- -0 ~p ... f~ - x I1l c-2)2 dol .J:c-"O - I. c: c: o S p ~ "-' 1'1 W c "t:i (J.~ 0 4.1 ~ .- .t:! Cl) -:5 ~ c E ~ e j 'j;; C) E ~ ~.c ._ 0.0'::0 ~~2: ~ 10 e ,g glJ o..Q~ Q..~ ..r:. ~ ~ dl ~ ,~~~ 8 :E ~ tfoE,::..J 5E::l'::'U "0 r1S C 11).5 o ._ ~ .'OJ '- c: E ..... a..... ~ ~ -I:~..c:l ~ .2 ia ttl ~ -= t: ~f! e.:; .; ~ '"P.' ~i :;t E i VI ,~ ~ :;.e e-:: (~ i e .:; ~- /to ::I: .:! '~ ~ ~ '-g ~ CI) "' iB -~ . E :;, ~r.)~/'I')- In ~ ll) NOS::: ~ .... ,.. .r:. ,- 'II" ,: p;..&l.,...<co~~ ,~ :~ :; .~ : '.' ~ C' . . , ,... <). ATTACHMENT ")" 0/ I ~ I.... ] ~ ~.... c: r Qj l':l U a .- (€; :;? 5-g~ ~.- 3 E ~ 5 "= >- ,-.J:: ""9.' = ] '7' - ~ 's- :.:: 'c f_ -g a c.. I r.r~Q.E - .:,. rc :::J ~.: ~R~E I .~'~ It ~ ~ 'c ~. ~ ~ '"-- 'e- ~~ ~>- l] ~~ j ~ -. ..&; ~.......9 s.,;:: ~.Ed ~ ~ -c;vi ~~11a 1> - a '0 ,~ ~ ,g < '5 g;, ~ ~ g!~ ~O~ e -a~ ~G~!! . ~ 'I. ... 1: t::. U (I) U:OO ~OJ~~ c=.. ..:. tr .. ~ ~ t:l t; 0 1- .g;'l ..!!i ~ ~ -:.: ~ OJ ~ .- VI t:.:] ~~E", l~c- "t3g~E8fi -0 "0 OJ .!Q C"Il > ~ E ~. "~>- '0 I 0 , c.~ ~"'C_g c ~ Cl) 'J:: ~ ~ t 'N .2 .~ ~ ~ ~~ Q.cq./ ~ C'~ -..... ~ ,~~ <C5~~o f5 .~ r--. .:. Ql ~ ~ U I ~ r,t ~ RI t=: u ta-o """ c> ~... I:> l'I5 .- > (1) t")U~ u-=-:5.!1c: =u~ ~QlS"J. ~ .S l.I2 0 ~ _ ~ Cd ._~ .~N. ~ .. ~:> c ..D , ....... '::~:'::.~ ':; o 4: cJ. ~s a Ytj t- \) ~ Is t1 ,.o~ caO~~~ . oIIa!BOJ I:': ~ S ~ !;::; , ZZC~.~ r= !C c,) r.c .!' .i~~.:; '::J~i5f8=: i!~;~ 8!52i:; j!: 0a~ = ~31 Q -;= en j ~,. :,:::.':' .:. :.~ . . ':.' 'r'i . '- -' .' ~ ...." ...., . .. .-. . "" .. .-'" .... '" I '-.... ,. ':' " . -........ ~ '. ...._.:E!~:,... .~ , ~ .- ~',.,/' t I v f ~ ~ I v '. ... . \ ,1,1. 2008-85 ATTACHMENT "]" T l': H('puhlic: ITS LOCAL PREFERENCE ELIGIBILITY Republic ITS does not have an office in San Bernardino. The work for this contract will be done out of our Riverside office. A copy of our previous business license with the City is included on the following page. The license has expired but can be renewed if awarded work with the City. '. \ ':0 ,,' \1\ P' 1I ,\ ", ," '..1"\ 2008-85 A TT ACHMENT "1" ACCOUNT NUMBER 9J8627 DATE PAID 10/06/2006 OWNER, FIRM OR CORPORATION BUSINESS NAME AITEN710N MAlllNG ADDRESS I . CITY OF SA.l\l BERNARDINO BUSINESS REGISTRA nON CERTIFICATE n,ls Silliness Rcaistnlion Ccnl~e doa nOI Indialc lhe IClr-ll Opcnlioll of this bllJincss al \JUs loC:lIioll. Otbcr lIppl"OVDb by Olhc:r CiA)' dcp:u'lmcnl.l, Juch u ~Iopmalllc:rviccl m:.y be required. This CmillClllc illssucd without yerir~iOD dllll the ea1ific3lc U subject 10 or Qrmpl fhnn Iicmsins by the Sr.,lc ofClIllfclmi:L ~ ,",c Dusinc:u Owner . 'CSJIOllIiblc for Lim:ly l'Cl\ewlll Nor ,"civin, a renewal nocic. for "'1 1nI0ll doa 1101 rclievc rapolllibility for rimery pll~ Ie net paid within ]0 days of.he upimillfl doIIc sllolll'n. D 'O~. penallY wDI be impos.... BUSINESS CLASS: GENERAl. CONTRACTOR NOTES: BUSINESS LOCATION: 1266 N LA LOMA CIR EXPIRATION DA IE 8/3) /2007 WADE L WHITE REPUBL Ie INIEl.l IGENT TRANSPOR T A TION SERVICES 371 BEL MARIN KEYS BLVD NOVA TO, CA, 94949-5699 in AforE -? h EP~!@l--IC L--IC6NS~ C.Of\/TRA-c-r Pc tES . / T5 WI t-t... f:? EN f3v I n7 /11 ED I A- IE I.-.y TO PeslblV A-Ni~ ITS 8{)SIJJc~ /1-- A-"VAK/~El) 7HE I V S TA--u. 8ANivc/, KEEP FOR YOUR RECORDS lIeer NO OArs PAID 918627 10/06/2006 545A $150 00 BAl ANCE $0 00 CITY OF SAN BERNARDINO 2008-85 ATTACHMENT "I" T,1: Ht'publif ITS S.w H""DiU'di IJI) CITV:FURNISHED ITEMS As stated in our Scope of Services, the following items or information are requested from the City: ~ Right-of-way mapping ./ Aerial photography ~ Utility company contacts (name, phone, and address) ./ CAD Standards ./ Sample plans with approved format ./ A copy of the City's Standard Drawings J i.' ..., ': ' ,..', ~ ,'( /"'.J \ \ '," ,/ II :,,;.: 2008-85 ATTACHMENT "1" rl): Ht'lHlblic ITS . ' COMMENTS OR SUGGESTIONS As stated in our scope of services, Republic ITS suggests that the design phase end with the pre-final submitted and that Final drawings be produced at the end of construction. This suggestion will advance the start of installation about 6 weeks (one 3-week City review plus 2-3 weeks to respond to City comments and resubmit plans). Additionally, we suggest that the City review and approve a pole submittal as a first order of work so that we can release the pole order as soon as possible _ minimizing the impact of the pole lead time on the overall project schedule. "( ,'..\ ~3 ,1/( 1,'I,','j,l. \ ! I ! 1 t.,rl 2008-85 HqHlhlif ITS ACKNOWLEDGEMENT OF ADDENDA There have not been addenda issued on this contract. .' \ .24 ATTACHMENT "I ,. To: I "II,' il"j",. I. \ \ "I 'I"l \. ',', II" \ 2008-85 A TT ACHMENT "2" Republic l'fS i n ~ I} a c 'It r,. ,"1::. i:IC/"::lt, (;n S tJ ~ \, , L' t.: S \;0\ t:ll1ber 26. ~007 !\.1ichad Gruhbs. P.E., Project i\fanager City of San Bernardino IJepartment of Developnlent Services Division of Public \\'orks 300 North "D" Street, 3rd Floor San Bernardino, CA 92418 RE: DESIGN Bl :'LD PROPOSAL - BANNER POLES L;:\.VERSITY PARKWAY NORTH OF VA RS.TI' AVENUE Dear rv1r. Grubbs: We offer to perform the following work, on the terms and conditions stated below, and at the prices shown. as follows: Design and install banner poles per our proposal dated November 26, 2007, and the Request for Proposals issued November 6, 2007. This work will include providing all engineering necessary for poles, foundations and layout. constructing reinforced concrete f() undat ions. furnishing and installing poles, and furnishing and installing banner cable. A rate sheet for additional engineering and construction \-vork is included on the following sheet. LABOR, ~fA TERJAL AND EQ('JP"E:\ T ... S 89,346.00 This ofkr shall expire J 20 da) s from the tbtt.' hereof and IllLl) he \\ithdr;,m n /1) us at an) time prior thcr.:to \\ith nr without nl)tit:e, J hi::. otter supersedes elll) prior oilers. commitment or orders. L'llntains all tc:mlS. conditions Jnd \\ arra11lies and \\ hen accepted. L'(lIbtitllte:-. thl;.' L'ntirL' contI' .let het\\ een the panics. The n:sulting ..;ontrJet sh..1I1 no! he mnJi tit:d ~\..;ert h) fl )l'll1LiI \\ rittl:/l ...l.llll.:ndlllt:nt. n;s I)n~r Sh.lli he Ju.:crteJ h) Jdi\~r) to us of.l COr) otthi:-. utti:r Jul) signt:,l 0) )OU in thl;.' spat:e pm\ idt:J. Tht: f(Jrt:going on~r is h~n:by accept~d this __ da) of . ~007. CITY OF SA.' BER'.\RDI'O R[Pl~BLIC ITS ~'l t \\ w _. :',.:'\ I ~ \ I' , '" .. ,,-... B\ : -..----.-.------- - ---- .bjll~S.\. \\'agnl..'r. P. r:. Titk; -----.--------- - -------------- \'p Fngint~l..'rjng - : j · . \ - 1 j i ~.' I: j " '>. I _~" . ~ .: · 1) '- ',I . " . ~ .:) . " ReJJublic l'fS :'ltl-'; c;cnt r, cl:1~port~lh)n StJr V.CUS \:o\'cnlber 26. 2007 2008-85 ReDllblic ITS Houri.' Rate Schedule Principal Engineer Senior Engineer Associate Engineer Assistant Engineer Senior Engineering Technician Engineering Technician Potholing - \ \ -. I ;-, .... . : ) $195.00 $175.00 $150.00 $125.00 $115.00 $105.00 $500.00 per each I .=.....:...; . 1_:"" \ . . -: . .' . j) A TT ACHMENT ..2'~ . .' . I 2008-85 ATTACHMENT "3" SM CITY OF SAN BERNARDINO Development Services Department Public Works Division REQUEST FOR DESIGN/BUILD PROPOSAL TO DESIGN AND INSTALL BANNER POLES AND RELATED WORK ON UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE ISSUED ON: NOVEMBER 6, 2007 DUE ON: MONDAY, NOVEMBER 26,2007, AT 4:00 PM Page 1 of 12 2008-85 ATTACHMENT "3" I. INTRODUCTION The City of San Bernardino (City) intends to engage the services of a Contractor to design and install banner poles, cabling, connectors and related work across University Parkway north of Varsity parkway near the signalized Ralph's Supermarket entry. The banner will be supplied and installed by others. II. BACKGROUND University Parkway is a six-lane divided major arterial highway. The outside curb to outside curb width is 88-feet and the RMI width is approximately 130- feet. See attachments "A" and "B". The median is approximately 14-feet wide and is planted with grass and trees. The banner and supporting system will span the northbound lanes only. The span will be approximately 44-feet. The City Engineer or his representative will mark the exact location of the poles. III. SCOPE OF SERVICES A. DESIGN PHASE 1. Contractor shall prepare construction documents and install banner poles and related components subject to the following requirements: a) The poles shall be decorative and finished with a powder fuze or electrostatically applied polyurethane coat and guaranteed to resist corrosion for at least 25 years. The City Engineer shall approve the co 10 r. b) Cables and clamps shall be corrosion resistant and designed to accommodate a banner 2.5-ft high and 36-feet wide. c) Minimum vertical clearance for all horizontal components crossing traffic lanes shall be 18-feet above top of the highest curb. d) The foundation, poles, cables and banner, in combination, shall be designed to resist sustained winds of 80 miles per hour and gusts up to 100 miles per hour assuming that the banner is perforated and designed to break away during high wind events. The wind speed at which the banner will break away shall be specified by the Contractor's design engineer and approved by the City Engineer. Design calculations shall be signed and stamped by a California licensed Civil or Structural Engineer and shall be submitted to the City for review and approval. e) Existing utilities shall be researched and location of potential conflict identified. If conflicts are encountered, the design of the banner poles shall be modified or arrangement made to relocate the conflicting utility. Page 2 of 12 2008-85 ATTACHMENT "3" f) A 10-foot diameter aqueduct owned by the Department of Water Resources (DWR) is known to exist in University Parkway. Contractor shall comply with all requirements of DWR including acquisition of a permit, if required. g) Existing storm drain and sewer plans shall be reviewed and the design adjusted accordingly to avoid conflicts. h) Existing street light plans shall be reviewed to identify conflict with existing conduit and conductors. Conduit and conductors may be relocated if necessary. i) Pothole existing underground utilities where a high probability for conflict exists. Compensation for potholing shall be on a per pothole basis and shall be stated separately from the Contractor's design fee. 2. Contractor shall prepare the plans and specification and a cost estimate for the work in conformance with City of San Bernardino standards. Plans and specification shall conform to the following design requirements: a) The plans shall be prepared at a scale of 1 inch = 20 feet on standard 24" by 36" sheets, using the City of San Bernardino standard title block. b) The plans shall clearly show existina conditions, including but not limited to, the location and type of signing and striping, pavement markings, storm drain facilities and existing right-of-way limits. c) Contractor shall be responsible for survey, related research and other data or work needed to establish existing conditions. d) Contractor shall be responsible for inclusion of provisions in the plans and specifications to assure compliance with the City's National Pollutant Discharge Elimination Program (NPDES). e) The banner pole plan shall clearly show the location and type of the proposed improvements, including but not limited to, details and location of poles, foundation, reinforcing, anchor bolts, cables, clamps, conduit and wiring, including relocation of conflicting utilities, if any. f) Proposed signing and striping, pavement markings, raised pavement markers and curb markings shall be drawn to a scale of 1" = 40' on a separate 24" x 36" sheet with standard City title block. The signing and striping plan shall include all existing and proposed traffic striping, signing, pavement markings, raised pavement markers, and curb markings. g) In addition, the banner pole plans shall clearly indicate: Page 3 of 12 2008-85 ATTACHMENT "3" · the type and location of existing storm drain and street improvements, including but not limited to curbs, gutters, curb ramps, and cross gutters. . the type and location of existing and proposed wIring, conduit systems, and electrical service, including identification of the power source. h) All improvements shall be designed in compliance and accordance with the Americans with Disabilities Act (ADA). i) Specifications shall be prepared in a format acceptable to the City Engineer and shall be based on the Standard Specifications for Public Works Construction, 2006 Edition, City of San Bernardino Standard Drawings, policies and procedures. j) The plans and specifications shall be signed and sealed by a civil engineer licensed to practice civil engineering in the State of California. k) The plans and specifications shall contain an approval block for the signature of the City Engineer. 3. Contractor should meet and confer with City staff during design phase to resolve design issues and ensure continuity with City standards and preferences. 4. Contractor shall conduct utility research and identify the location and depth of all existing utilities within the limits of the proposed improvements. Contractor shall be responsible for identifying and resolving utility conflicts both overhead and underground. Copies of all written communication (including maps) between the Contractor and utility companies shall be provided to the City. 5. Contractor shall submit an updated project schedule within 1 week of receiving a notice to proceed, indicating the design tasks and project timing from start to submittal of final plan and specifications. The Contractor shall estimate two (2) City plan reviews for each plan set. Each review should be estimated to take three (3) weeks for schedule purposes. Contractor shall provide an updated schedule every month showing progress and timing unless requested more frequently by City staff. Upon completion of the Contractor's work, the City shall have in hand, both an electronic, and a hard copy of an approved and signed set of completed plans, technical specifications, quantities, estimates and special provisions ready for bidding including all supporting data, calculations, utility locations, utility notices, survey data, permits and other details necessary to complete this project in a format acceptable to the City. Page 4 of 12 2008-85 ATTACHMENT "3" Contractor should expect to meet with the City on a monthly basis for updates on project progress, concerns, problems and accomplishments. The project design must be completed within one (1) month after the notice to proceed with design is issued. B. CONSTRUCTION PHASE 1. Prior to start of construction, Contractor shall prepare a cost estimate for approval of the City Engineer. 2. Contractor shall submit construction surety consisting of Payment and Faithful Performance Bonds based on the construction cost estimate and shall conform to Section 2-4, "CONTRACT BONDS", of the Standard Specifications for Public Works Construction, 2006 Edition. The contract bonds, including Payment Bond (Material and labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in California 3. After submittal of required bonds, the City shall schedule a pre-construction conference at which, among other matters, the construction start date and an estimated completion date shall be established. 4. During construction, all work shall be subject to inspection by the City Engineer, or designee, as provided by the Standard Specifications for Public Works, 2006 Edition, and shall conform to the plans and specifications as approved by the City Engineer. 5. During construction, Contractor shall comply with all requirement of the City's NPDES program. 6. Existing improvements, including landscaping and sprinkler systems, damaged during construction shall be restored to a condition equal to or better than the condition prior to the start of construction. 7. Progress payments for construction will be made monthly based on an estimate of the work completed during the preceding month. Ten-percent of each progress payment shall be withheld provided by the Standard Specifications for Public Works Construction 2006 Edition. 8. Upon completion of construction and acceptance of the work, the City Engineer will file a "Notice of Completion" for the project. Completion of construction shall include filing of all required documents including, but not limited to, certified payrolls, survey documents, manufacturer warranties, maintenance requirements, maintenance schedules and operating manuals. Page 5 of 12 2008-85 ATTACHMENT "3" IV PROPOSAL REQUIREMENTS A. Four (4) copies of the proposal shall be submitted to the following: City of San Bernardino Department of Development Services Division of Public Works Attn: Mr. Michael Grubbs, P.E., Project Manager 300 North "0" Street 3rd Floor , San Bernardino, CA 92418 Proposals shall be received in hand by this Division up to the hour of 4:00 P.M. on Mondav. November 26. 2007. B. Responsive proposals will include, but not be limited to, the following: 1. Responsive proposals will present a Scope of Services that includes at a minimum the above described services and any other tasks necessary to achieve completion of design (PS&E) needed for the successful construction of the proposed improvements. 2. Identify the professional, technical and support subcontractors or staff that will be performing the design work associated with the proposed scope of services. Short resumes may be included, but extensive resumes should be limited to key personnel only. 3. Include a timeline indicating project milestones for the delivery of final plans, specifications, and cost estimates ready for construction, including but not limited to a flow chart showing project tasks and timing. Include allowances for review periods. 4. Include a list of similar projects recently completed by the Contractor, identifying the location, date, agency and contact person name, address and phone number. 5. Previous obligations with other projects (related to time and availability of staff). 5. Name of sub-Contractors and vendors to be used for specific aspects of the project, including a summary of previous working arrangements on similar types of work. 6. Include a preliminary design of the banner pole system, including proposed decorative pole design with manufacturer literature. 7. Statement of local preference eligibility, including identification of any office located in the City of San Bernardino and the number of 'employees stationed at the office, the number of employees doing Page 6 of 12 2008-85 ATTACHMENT "3" business inside the City limits, and a copy of your firm's City of San Bernardino Business License. 8. Items, actions or information the Contractor expects to be provided by the City. 9. Any comments or suggestion that the Contractor believes necessary to improve the finished project or to comply with the requirements of this RFP. 10. Acknowledgement by number and date in the introductory letter to the proposal any and all addenda issued to this RFP. 11. Separate sealed envelope. Fixed fee for the work required by this Request for Design/Build Proposal, together with an hourly rate sheet applicable to this project for classifications above, including all materials and expenses, shall be submitted in a separate sealed envelope. Please note that the City will not pay or compensate separately for travel time, courier services, mileage or reimbursement for travel to the City of San Bernardino to attend meetings or conduct the activities necessary to complete tasks required to be performed as part of Contractor services. A separate fee shall be stated for potholing. A price per pothole and an estimated number of potholes shall be provided. v. SELECTION PROCESS The selection process will be based on a point system and will consist of three phases as follows: 1. First phase selection shall consist of an evaluation by staff (including the Development Services Director, City Engineer, a Senior Engineer and Project Manager) of proposals based on the above items identified in Section IV 8 (except No. 11). An additional five (5) points will be given to City of San Bernardino based Contractors. In order to be deemed as "City of San Bernardino Based Contractor", the company shall have an office with a minimum of one (1) owner or employee doing business inside the City limits and shall possess a City Business License. The three (3) Contractors with the highest points will continue to the interviews. A maximum of 100 points can be achieved in this phase of the selection process. The three Contractors with the highest numerical scores will be invited to continue with the second phase of the selection process. 2. Second phase of the selection process will consist of staff evaluation of a presentation by the three Contractors with the highest numerical score from the first phase selection. The interview will be detailed questions on this specific project, including, but not limited to, personnel, schedule, Page 7 of 12 2008-85 ATTACHMENT "3" project staging, and knowledge of the project. Five (5) points of local preference will also be awarded in this phase of the selection process for Contractors that meet the requirements identified in paragraph 1 above. A maximum of 100 points can be achieved in this phase of the selection process. 3. The third and final phase of the selection process will consist of staff submitting a final package to the Mayor and Council for consideration approval. Final scores of the top three Contractors will be submitted to the Mayor and Common Council with a recommendation to award an Agreement for Professional Services to the Contractor with the highest numerical score. However, the Mayor and Common Council have the prerogative to award an Agreement for Professional Services to any of the top three Contractors or reject all proposals. 4. If the Mayor and Common Council award an Agreement for Professional Services, the selected Contractor will be required to execute an Agreement for Professional Services (draft copy attached) and submit proof of insurance conforming to the attached "Liability/Insurance Requirements". Failure of the Contractor to execute the Agreement, including submittal of required documents, within 60 days of approval by the Mayor and Common Council will void the approval. VI GENERAL This "Request for Proposal" does not commit the City to award a contract, pay any costs incurred in the preparation of a proposal in response to this request, procure or contract for any services. All proposals submitted in response to this request will become the property of the City and may be used by the City in any way deemed appropriate. The City reserves the right to accept or to reject, in part or in its entirety, the response to the request for proposal if such action is deemed to be in the best interest of the City. Any contract entered into as a result of this proposal shall be considered to include the items of work detailed in this proposal unless specifically deleted in the proposal at the request of the City. VII PAYMENT The Contractor that is recommended by Staff and approved by Mayor and Common Council shall attend the pre-design meeting to establish the start date. Once the Notice to Proceed has been given, the Contractor can submit for payments. The City will release funds at percentages with receipt of Plans, Notices, or Specifications. No payment shall be given above the percentage of completed work accepted by the City. The City shall hold 150/0 of the total cost for 360 calendar days after acceptance of plans and specifications by the City, or 45 calendar days after the City issues a Notice of Completion for the project, whichever occurs first. Page 8 of 12 2008-85 ATTACHMENT "3" Verbal clarification can be obtained by calling Mr. Michael W. Grubbs, P.E. Project Manager at (909) 384-5179. If a written response is desired, then the request should be submitted in writing to Mr. Grubbs at (909) 384-5573 (fax). ATTACHMENTS: Attachment "A" - Location Map Attachment "B" - Aerial View Liability/Insurance Requirements Draft Copy of Agreement for Professional Services Page 9 of 12 2008-85 ATTACHMENT "3" ATTACHMENT "A" M""ewl' t . ./'" if.. , \ I' s. ...\ /1 \ 1 '\ ~ . .... ,'" ..., r; ~$ 11 ~ \>' "', .~ 1~ c ..~,.()" U"",Qt';'t !r;~ ':.f ~. .t'd "( ..~ .",fa '1)...,,\ 01:. I I i: ~ w..tn<h ~ f~W_ f , ., r JL. ." ~ ... '0,- ,~ " " I) JlfI. \.f' ~ ~~ 4 ~ l I i i 0 ~ li Q .. UMlII. .... .6 ,..,. I '~ ..,~ . ~ !' ~ -- j .. ...... t'4t.. 0 ~()? H.,V no .)1 T,...J.l\,ft BANNER POLES ON UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE AND SOUTH OF SHOPPING CENTER ENTRANCE LOCA liON MAP Page 10 of 12 2008-85 ATTACHMENT "3" ATTACHMENT "B" BANNER POLES ON UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE AND SOUTH OF SHOPPING CENTER ENTRANCE VICINITY MAP Page 11 of 12 2008-85 ATTACHMENT "3" LIABILITY I INSURANCE REQUIREMENTS Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverage's: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the. City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverage's and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. Page 12 of 12 ACORDTII CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 04/02/2008 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PRODUCER ~ W oodruff-~awyer & CO. 220 Bush St., 7th Floor San Francisco CA 94104 (415) 391-2141 INSURERS AFFORDING COVERAGE INSURER A: Columbia Casualty Company INSURER B: Old Republic General Insurance Corporation INSURER C: INSURER D: INSURER E: NAIC# 31127 24139 INSURED Republic ITS 371 Bel Marin Keys Blvd #200 Novato, CA .94949-5699 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ~r:::~ TYPE POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR POLICY NUMBER B X GENERAL LIABILITY Al CG4956070 1 1 % 1/2007 1 % 1/2008 EACH OCCURRENCE $ 1.000000 - ~~~~~~~9~~~~nce\ X COMMERCIAL GENERAL LIABILITY $ 300 000 I CLAIMS MADE [X] OCCUR MED EXP (Anyone person) $ 5000 - PERSONAL & ADV INJURY $ 1.000.000 - GENERAL AGGREGATE $ 2.000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COM~OPAGG $ 2.000.000 I POLICY rxl ~~8;: n LOC B ~TOMOBILE LIABILITY Al CA4956070 1 1 % 1/2007 10/01/2008 COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO (Ea accident) - - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - X HIRED AUTOS BODILY INJURY $ 4- NON-OWNED AUTOS (Per accident) I-- PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ R ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESs/UMBRELLA LIABILITY EACH OCCURRENCE $ ~ OCCUR D CLAIMS MADE AGGREGATE $ $ R OEOUCTlBLE $ RETENTION $ $ WORKERS COMPENSATION AND AICW49560702 X I WC STATU- I IOJ~- B 10/01/2007 1 % 1/2008 },-/y IIMIIS EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT $ 1.000.000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1.000.000 ~~~~I~tS~~v~~?5~s below E.L. DISEASE - POLICY LIMIT $ 1.000.000 A OTHER Professional Liability CPB254092439 12/06/2007 10/01/2008 Per Occurrence $ 1,000,000 Aggregate $ 3,000,000 Deductible $ 10.000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Design & Installation of Banner Poles on University Parkway North of Varsity Avenue. The City of San Bernardino & its elected & appointed boards, officers, agents & employees are named additional insured with respects to this subject project & contract with the City per forms CG 20 10 II 85 attached. Coverage is primary per form CG EN GN 0029 09 06 attached. City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 CANCELLATION 10 Day Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ~MAlL l!!..- DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,~ :K1J1tN~~K~M!)(OC<}tXi>>X~X)@{JQ!'P~m()H(~~K~t)(K~) ~ AUTHORIZED REPRESENTATIVE @ACORDCORPORATION 1988 CERTIFICATE HOLDER LOAN #: ACORD 25 (2001/08) ID #: ..... IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) POLICY NUMBER: AICG49560701 COMMERCIAL GENERAL LIABILITY NAMED INSURED: Republic ITS . THIS -ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES or CONTRACTORS [Form B] This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: Any person or organization to which you are obligated by virtue of a written contract to provide insurance such is afforded by this policy, but with respects to (1) occurrence taking place after such written contract has been executed and (2) occurrences resulting from work preformed by you during the policy period. Coverage provided by this policy to the Additionallnsured(s) shown in the Schedule shall be primary insurance and any other insurance maintained by the Additionallnsured(s) shall be excess and non-contributory, but only as respects any claim or liability determined to be the result of the sole negligence or responsibility of the Named Insured and only if required of the Named Insured by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. Name: City of San Bernardino Address: 300 North "D" Street San Bernardino, CA 92418 Design & Installation of Banner Poles on University Parkway North of Varsity Avenue. The City of San Bernardino & its elected & appointed boards, officers, agents & employees are named additional insured with respects to this subject project & contract with the City per forms CG 20 10 11 85 attached. Coverage is primary per form CG EN GN 0029 09 06 attached. Additional Insured: The City of San Bernardino & its elected & appointed boards, officers, agents & employees are named additional insured with respects to this subject project & contract with the City PRIMARY INSURANCE: Such insurance as is afforded by the General Liability policy is primary insurance and no other insurance of the additional insured shall be called upon to contribute to a loss CG 20 10 11 85 Copyright, Insurance Service Office, Inc., 1984 OLD REPUBLIC GENERAL INSURANCE CORPORATION . CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUllY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOllOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person(s) Or Organization(s): City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Location(s) of Covered Operations As required by written contract: Design & Installation of Banner Poles on University Parkway North of Varsity Avenue. The City of San Bernardino & its elected & appointed boards, officers, agents & employees are named additional insured with respects to this subject project & contract with the City per forms CG 20 10 11 85 attached. Coverage is primary per form CG EN GN 0029 09 06 attached. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV - Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured Republic ITS Policy Number AICG49560701 Endorsement No. Policy Period 1 % 1/2007 to Endorsement Effective Date: 10/01/2008 Producer's Name: Producer Number: ~ 04/02/2008 DATE Additional Insured: The City of San Bernardino & its elected & appointed boards, officers, agents & employees are named additional insured with respects to this subject project & contract with the City CG EN GN 0029 09 06 0 rJ) r- oo Z C N 0 0 0 0 0 0 \0 0 0 a: 00 N 0 0 0 0 a: 0 - 00 ci ci ci EA <( () 0\ ~ <0 10 10 W ~ ..... ..... Z a: 0 ~ ~ a: a: ill :J CO 0 Z >- a: <( 0 ~ CJ) LL d ~ U LL 0- ~ 0 W Z p.. 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